Court hears arguments in another 'Taxi of Tomorrow' lawsuit

A federal court heard arguments Tuesday on a lawsuit to stop the Taxi & Limousine Commission's "Taxi of Tomorrow."

A state court heard arguments on a lawsuit to stop the city's "Taxi of Tomorrow."Credit: STAN HONDA/AFP/Getty Images

A state court heard arguments Tuesday on a lawsuit to stop the Taxi & Limousine Commission's "Taxi of Tomorrow."

The Greater New York Taxi Association, an advocacy group, argued in court that the city does not have the authority to mandate a vehicle fleet-wide.

The "Taxi of Tomorrow," a Nissan NV200, was developed specifically cater to New York cab-goers after a two-year selection process.

"The argument is that TLC does not have the power as an administrative agency to make the decision and implement this broad social policy," said the advocacy group's spokeswoman Miranda Sanders.

The group's litigation uses the recent court decision striking down the so-called "soda ban," in which a judge ruled the a city agency didn't have the authority to regulate sugary drink-size.

The group is also arguing that the vehicle violates the federal Americans with Disabilities Act because it is not wheelchair accessible and hasn't been crash tested.

A judge previously ruled against the "Taxi of Tomorrow" for failing to implement a hybrid option. In response, Nissan began developing one.

Still, the city was optimistic that the judge would rule in their favor, allowing for the Oct. 28 introduction new vehicles, which will eventually replace most non-hybrid taxis.

"We remain confident that the court will agree with us, and that the hundreds of millions of New Yorkers and visitors who enjoy taxi service each year will finally have the opportunity to benefit from the Taxi of Tomorrow's superior safety, comfort and amenities," Taxi Commissioner David Yassky said in a statement. "This is the cab that everyone has been waiting for, and people are going to love it."

A judge is expected to rule on the lawsuit before the October roll-out.